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Tenant Eviction because of Piling Up Furnitures in the Corridor (Public Area)?

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  1. #1

    Join Date
    May 2021
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    20

    Tenant Eviction because of Piling Up Furnitures in the Corridor (Public Area)?

    Hello everyone,

    For a better understanding, I'd like to start with my question and then give a bit more background information on this case.

    Question:
    My agent told me to move out in 10 days and said that I breached the tenancy contract by putting things in the public area that endangered the life of other tenants. She also threatened me that if I don't move out she will send a legal letter and that I would have to pay the costs.

    1. Does my agent has the mean to evict me because I have put furniture parts in the public area (corridor of my floor)?

    2. Is there a chance to stay in this apartment if I stop putting personal belongings in the corridor?



    Background information:
    I'm living in a commercial property building in a subdivided flat.
    It all started when I ordered an expensive table with a metal base and the metal base didn't fit through the door frame of my apartment. Therefore I tried to sell it instead of throwing it away and put it on the side of the corridor.

    I immediately received a message from my agent that I should remove it ASAP as it would be breaking the safety rules. However, many tenants in the building also have their stuff in the corridor so I didn't see the urge to remove it ASAP. After 4 weeks, my agent or the property management hired a disposal company to get rid of it without my consent (I have been warned tho many times, so fair enough).

    The last 3 months I have been piling up a few furniture parts in the corridor since I helped my parents to furnish their apartment, and have been warned again. The furniture parts were only intended to be there temporary and not intended to stay there forever unlike what other tenants do with their baby carrier, shoes, packages or other belongings that are also in the corridor.

    I did this for another 3-4 times, which was wrong, but felt unfairly treated as other tenants were doing this as well. After each warning, I removed the furniture parts immediately.

    What's happening now:

    Now, my agent told me to move out in 10 days and said that I breached the tenancy contract by putting things in the public area that endangered the life of other tenants. She also threatened me that if I don't move out she will send a legal letter and that I would have to pay the costs.

    My question is if my agent really has the power to kick me out because of putting furniture parts in the corridor several times? She took pictures of each incident and there are also CCTV footage of me carrying the furniture parts to the building.

    I really don't want to move out since I just moved in 6 months ago and would still have another 18months as per contract.
    I pay rent on time and never missed paying. No illegal businesses, disturbances or whatsoever, "just" piling up furniture parts a few times.

    I don't know the landlord, only the agent. She really dislikes me tho because I have been avoiding her phone calls lately and only replied through WhatsApp.

    Is there a chance to stay in this apartment if I stop putting personal belongings in the public area?

    Your advice will be of great help. Thank you a lot!


  2. #2

    Join Date
    Feb 2005
    Location
    Island East
    Posts
    6,528

    You signed a tenancy agreement with WHO, look at the document, it should have the LL details on it. Is your tenancy agreement with Stamp Duty??


  3. #3

    Join Date
    May 2021
    Posts
    20

    Yes with stamp duty.
    Sorry to ask but what's WHO? Thank you very much for your reply


  4. #4

    Join Date
    Jan 2010
    Posts
    5,978

    If you have a written lease then nothing short of a court order is gonna evict you. Not even the cops. Doesn't matter if it's stamped or not. If it's unstamped than the court might not accept it as evidence in civil proceedings.
    But you can just go to IRD and get your copy stamped yourself before any court proceedings start.

    Only your landlord listed on your lease can sue to have you evicted, tell your agent to shove the furniture up his/her ass.

    chuckster007 and Henrykk like this.

  5. #5

    Join Date
    Dec 2010
    Posts
    548

    if this was a FML post, id say you deserve it.

    Not only did you breach technical terms, you also dont have social responsibilities as a neighbor. Can you imagine if everyone did the same as you? I assume the other tenants, who did similar things, received warnings too.

    Selfish people who did selfish things, then get penalized and then asks for advice. My advices: accept the eviction and learn from your selfish mistakes.

    spode, jimbo, William06 and 1 others like this.

  6. #6

    Join Date
    Jan 2010
    Posts
    5,978
    Quote Originally Posted by D.YU:
    My advices: accept the eviction and learn from your selfish mistakes.
    My advice: Don't listen to people who have no clue.

  7. #7

    Join Date
    Dec 2002
    Location
    ???
    Posts
    39,592
    Only your landlord listed on your lease can sue to have you evicted, tell your agent to shove the furniture up his/her ass.
    From what I'm guessing based on how complicated and petty this is - the property agent and the landlord might be connected. Either by an agreement (i.e. the agent is managing the property on behalf of the landlord) or by company structure (i.e. the property might be owned by a subsidiary or parent company) of the agent's company.

    Anyways... its all a clusterfuck when it comes to sub divided flats.

  8. #8

    Join Date
    Jan 2019
    Posts
    697

    i also believe your table is removed illegally.


  9. #9

    Join Date
    May 2005
    Location
    Hong Kong, from UK
    Posts
    3,545

    You're in a subdivided property in a commercial building, yet you have a stamped residential tenancy?

    huja, mysti, mucaari and 6 others like this.

  10. #10

    You have a RESIDENTIAL tenancy agreement for a COMMERCIAL building ? Is that legal ????????

    I think your agent and landlord have more to worry about.

    You shouldn't have put stuff out in the public area of a private building because that blocks the fire escape, but they have no right to remove and dispose of your private property. It wasn't abandoned.

    I am just guessing but since your landlord is probably operating subdivided flats in a commercial building which is illegal, he can't accuse you of breaking the law.

    What is the name of the building ? Do a google search and see what the usage is for. If it is only commercial, and not for residential then your landlord is in trouble...

    Having said that, I don't like people who put their stuff in the hallway endangering everyone's life in a fire.


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